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3. Learned advocate for the petitioner submitted that the impugned notices and decisions by the respondent authorities are contrary to the scheme of the Act, more particularly the provision under section 105 of the Act, which is invoked by the respondent authorities for issuing the impugned notices. Learned advocate for the petitioner submitted that the land in question is private land in a housing society. The petitioner is owner and occupier of one of the plots (in the said housing society) which is adjoining the common plot.

3.1 On the allegation that the petitioner has put up certain construction which encroaches upon the common plot, some proceedings were instituted by issuing notice to the petitioner in 2009. In the said proceedings, dispute with regard to measurement of the plots arose in light of the petitioner's defence that it has not put up construction beyond his own plot, much less the common plot and has not caused encroachment. The respondent authorities were of different view and opinion.

4.1 Besides this, the petitioner has also opposed the proceedings on the ground that even if the allegation that the disputed construction is put up over common plot was to be entertained, then also, the common plot being part of housing society, would continue to remain private land for which provisions under section 105 of the Act cannot be invoked and Panchayat cannot take any actions in respect of private land.

Of course, the said provision also enables the respondent authorities to take action in those cases where disputed construction "contravenes any conditions subject to which any permission as aforesaid is given or the provisions of any bye-law made in relation to any such projections....".

6. In this background, it is necessary to mention that the petitioner seems to have submitted an application to DILR for measurement of his own plot as well as common plot so that it can be determined as to whether any encroachment over common plot is caused or not.

According to the petitioner, the said application is pending before the DILR.